Patna High Court
Saroj Devi @ Saroj KumariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court held that anticipatory bail could be granted to the petitioners under Section 482 of the B.N.S.S., 2023, subject to specified conditions.
Summary
The petitioners, Saroj Devi and Indu Devi, sought anticipatory bail fearing arrest in a dowry‑death case (Sections 304B and 34 IPC) concerning the death of their sister‑in‑law. The prosecution alleged that the deceased was harassed for dowry and subsequently killed, while the petitioners claimed she committed suicide. The husband of the deceased had already been granted regular bail by a coordinate bench of the same court. The State opposed the anticipatory bail, but the court considered the facts, the existing bail to the co‑accused, and the provisions of Section 482 of the B.N.S.S., 2023. The court ordered that the petitioners be released on bail within eight weeks upon furnishing bail bonds of Rs.10,000 each with two sureties, subject to the conditions of Section 482. Consequently, the petitioners were granted anticipatory bail pending further proceedings.
Issues considered
- Whether anticipatory bail can be granted to the petitioners under the circumstances of the dowry‑death case
- Whether Section 482 of the B.N.S.S., 2023 empowers the court to enlarge bail in this matter
- Whether the existence of regular bail to the co‑accused influences the grant of anticipatory bail to the petitioners
Legislation cited
- B.N.S.S., 2023 — s. 482
- Indian Penal Code — s. 304B, 34
Subjects
- anticipatory bail
- dowry death
- Section 304B IPC
- Section 34 IPC
- Section 482
- criminal procedure
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5594 of 2026
Arising Out of PS. Case No.-91 Year-2023 Thana- SIWAN CITY District- Siwan
======================================================
1. Saroj Devi @ Saroj Kumari W/o Anup Singh, D/o Sachchidanand Singh R/o
Village- Parshurampur, P.S- Manjhagarh, Dist- Gopalganj.
2. Indu Devi W/o Bipin Singh, D/o Sachchidanand Singh R/o Village- Kashai,
P.S- Tarwara, Dist- Siwan.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Adesh Raj
For the Opposite Party/s : Mrs.Madhuri Lata
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 04-02-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offence under Sections 304(B), 34 of the
Indian Penal Code.
3. As per prosecution case, daughter of informant was
married to co-accused Harishchandra Singh and after the
marriage, she was subjected to cruelty and harassment by the
accused persons for dowry and lastly on 17.02.2023, she was
killed.
4. Petitioners are married Nanad of the deceased.
There is general and omnibus allegation. As a matter of fact,
Patna High Court CR. MISC. No.5594 of 2026(2) dt.04-02-2026
2/2
deceased committed suicide. Thrust of the accusation is against
husband of the deceased, who has already been granted regular
bail by a coordinate Bench of this Court, vide order dated
02.08.2024 passed in Cr.Misc. No. 50807 of 2024 (Annexure
P/2).
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of petitioner.
6. However, in the facts and circumstances of the
case, let the above named petitioners, in the event of
arrest/surrender within a period of eight weeks from today, be
enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten
thousand) each with two sureties of the like amount each to the
satisfaction of learned J.M. 1st Class, Siwan in connection with
Siwan Town P.S. Case No. 91 of 2023 and Trial No. 1229 of
2025, subject to condition as laid down under Section 482 of the
B.N.S.S., 2023.
(Prabhat Kumar Singh, J)
anay
U T
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